Frank Papalia & Julie Rance v Giuseppe Romeo & Anor [2011] NSWSC 696

Supreme Court New South Wales

Medium Neutral Citation: Frank Papalia & Julie Rance v Giuseppe Romeo & Anor [2011] NSWSC 696 Hearing dates: 16 & 25 February and 20 June 2011 Decision date: 06 July 2011 Jurisdiction: Equity Division Before: Sackar J Decision: 1. Motion to set aside the judgment dismissed 2. Defendant to pay the plaintiff's costs of motion Catchwords: CONSENT - Judgment - Setting Aside - Principles Applied Legislation Cited: Uniform Civil Procedure Rules 2005 Cases Cited: Deputy Commissioner of Taxation v Meredith (No 2) 2008 NSWCA 133, (2008) 75 NSWLR 462 Donnellan v Watson (1990) 21 NSWLR 335 Field v Shoalhaven Transport [1970] 3 NSWR 96 Texts Cited: Watts & Reynolds (2010) Bowstead and Reynolds on Agency, 19th Edition, Sweet and Maxwell: London Category: Principal judgment Parties: Frank Papalia & Julie Rance - plaintiffs Giuseppe & Mary Romeo - defendants Representation: S Docker - Plaintiff D Allen - Defendants Shaw Reynolds Bowen & Gerathy Sydney Law Practice P/L File Number(s): 1010/211436

Judgment 1These proceedings were commenced by Notice of Motion filed on 26 October 2010 in which the first and second defendants (Mr and Mrs Romeo) sought an order for the review of the decision of the Registrar pursuant to Rule 49, Division 4 of the Uniform Civil Procedure Rules 2005 and to have set aside a judgment entered on 1 October 2010 against both of them in favour of the plaintiffs in the sum of $3,156,491, with interest and costs. 2Although the motion was filed on behalf of both defendants I was informed at the commencement of the hearing that the second defendant (Mrs Romeo) no longer sought any relief.